Chadami Lal vs Har Dayal and Others

Mahmood, J.—The decree of the 17th January, 1884, provided that execution thereunder was not to take place before the expiry of two months. The decree exempted the person of the judgment-debtor, and was capable of execution only against the hypothecated property. The application for execution which commenced this litigation was made on the 14th February 1884, that is, before the lapse of the period provided by the decree. We are of opinion that such an application should have been rejected by the lower Courts as premature. We decree the appeal, and set aside the orders of both the lower Courts, but, under the special circumstances of the case, make no order as to costs.